How many services are there these days that can't theoretically be provided by a private enterprise? Heck, even our wars are being fought by corporations. A bigger problem? Frank's bill does not even require that government and private services be equivalent before barring the government from offering them. Pertinent language from H.B. 76:
[A] state entity may not engage in a commercial activity: (a) to provide a good or service for: (i) its own use; (ii) the use of another government entity; or (iii) use by the public; and (b) if a good or service with respect to the commercial activity can be obtained from a private enterprise through the use of an ordinary business channel.Note the wording. It doesn't have to be the same good or service, just "a" good or service with respect to the activity. So, if Gold's Gym doesn't have a pool for water aerobics -- you know, to reduce the risk of breaking a hip in a fall -- tough crap, Grandma. You can get "a" service from them. Ever try spinning?
Under Frank's bill, a governmental entity can beg for permission to provide services to its constituents. A commission -- a majority of which are to be private business owners -- can allow it if it finds that:
(A) a private enterprise is not able to provide a good or service with respect to the commercial activity; (B) use of a private enterprise causes an unacceptable delay or disruption of an activity that is essential; (C) the commercial activity is inherently related to the defense of the state or the state entity[.]Note that the governmental entity has to prove that a commercial enterprise can't provide "a" good or service, rather than requiring the business to prove that it can. There are more provisions -- you should see the paperwork to even ask permission -- but the migraine is already pounding. Oh, but the bill does make one exception: If the good or service is equivalent and cheaper, it can still be provided--to other governmental entities only. Us mere mortals? Sit and spin, Grandma.